Best Landlord & Tenant Lawyers in Burlingame

About Landlord & Tenant Law in Burlingame, United States

Landlord and tenant law in Burlingame, California, shapes the legal relationship between property owners and renters. This body of law covers residential and commercial leases, focusing on the rights and responsibilities that both parties have under state and local regulations. In Burlingame, located in San Mateo County near San Francisco, tenants and landlords must follow state housing statutes and local ordinances, which address habitability, rent control, eviction proceedings, lease agreements, security deposits, and more. Understanding these laws is essential for both landlords and tenants to ensure a fair and legal rental experience.

Why You May Need a Lawyer

Legal questions and disputes often arise during the course of a landlord-tenant relationship. Some common scenarios where hiring a lawyer may be helpful include:

• Disputed evictions or unlawful detainers
• Issues regarding security deposit returns
• Allegations of discrimination or harassment
• Disagreements over lease terms or breaches of lease
• Repairs and habitability disputes
• Rent control and rent increase disagreements
• Lockouts or utility shut-offs by either party
• Real estate fraud or misrepresentation cases
• Illegal subletting or unauthorized occupants
• Landlord retaliation or tenant complaints with the city

Legal assistance can help you understand your rights, represent you in court, mediate disputes, and ensure compliance with Burlingame’s specific requirements.

Local Laws Overview

Landlords and tenants in Burlingame are subject to both California state laws and local ordinances. Key legal aspects include:

• State Rent Control: California’s statewide rent control law (AB 1482, the California Tenant Protection Act) limits annual rent increases on many residential properties and sets new standards for evictions. Some single-family homes and newer constructions are exempt.
• Security Deposits: State law limits security deposits for unfurnished units to two months’ rent, and for furnished units to three months’ rent. Landlords have 21 days after move-out to return the deposit with an itemized statement of any deductions.
• Eviction Procedures: California has strict rules governing notice periods for various types of eviction, including nonpayment of rent or breaches of lease. Local and emergency ordinances may provide further tenant protections, especially in times of declared emergencies.
• Tenant Rights: Tenants are entitled to habitable living conditions. If landlords fail to repair serious issues, tenants may be able to withhold rent or pursue repairs, but must follow legal processes to avoid eviction.
• Local Ordinances: Burlingame may have additional rules, particularly regarding housing safety, short-term rentals, and property maintenance standards. Always check with the city for updates.

Frequently Asked Questions

What notice must a landlord provide before raising rent in Burlingame?

In most cases, landlords must provide at least 30 days’ written notice before increasing rent by 10 percent or less, and 90 days’ notice if the increase is above 10 percent in a twelve-month period. State and local laws, including rent control provisions, may restrict or limit how much rent can be increased.

How can a tenant get repairs done if the landlord is unresponsive?

Tenants should submit requests in writing and allow a reasonable time for repairs. If not addressed, tenants may use remedies under California law such as paying for repairs and deducting the cost from rent (with strict legal procedures), withholding rent, or reporting the issue to local code enforcement.

What reasons can landlords use to evict tenants?

Valid reasons for eviction include nonpayment of rent, lease violations, illegal activity, or the owner moving into the property (for certain types of rentals). No-fault evictions may be restricted under state and local law, and proper notice must be given.

How long does the eviction process take?

Eviction timelines vary. After a notice is served, if the tenant does not comply, the landlord must file an unlawful detainer lawsuit. A simple case can take one to two months, but may extend longer if contested or delayed due to court backlogs.

Are Burlingame tenants protected by rent control?

Most multi-family buildings built before January 1, 2005, are covered by the California Tenant Protection Act, which limits annual rent increases and sets requirements for eviction. Single-family homes and newer constructions are generally exempt unless otherwise specified.

Is a landlord required to return the security deposit?

Yes. The landlord must return the security deposit, minus any lawful deductions, within 21 days of the tenant moving out. Deductions must relate to unpaid rent, damage beyond normal wear and tear, or cleaning to return the unit to the same level of cleanliness it was in at move-in.

Can a landlord enter my apartment without permission?

Landlords may enter only for specific reasons such as repairs or inspections, and generally must provide at least 24 hours’ written notice. Exceptions apply for emergencies or by agreement with the tenant.

What if a tenant feels they are being discriminated against?

Discrimination in housing based on factors like race, religion, gender, family status, disability, or other protected categories is illegal under federal and state law. Tenants can file complaints with California’s Department of Fair Employment and Housing or the U.S. Department of Housing and Urban Development.

Can landlords charge late fees for late rent?

Yes, if the lease agreement specifies a reasonable late fee. Excessive or punitive fees may not be enforceable, and fees must comply with local ordinances and state law.

Do landlords have to provide written leases?

Oral agreements are valid in many situations, but written leases are strongly recommended for clarity. For leases over one year, California law requires a written contract.

Additional Resources

For more information or assistance, consider these helpful resources:

• Burlingame City Housing Division: Contact the local housing office for information on housing codes, rental regulations, and tenant complaints.
• California Department of Consumer Affairs: Publishes guides for both tenants and landlords about their rights and responsibilities.
• San Mateo County Legal Aid: Provides legal services and support for low-income residents facing housing issues.
• California Department of Fair Employment and Housing: Handles discrimination cases related to housing.
• Small Claims Court: Handles disputes such as security deposit returns or property damage under a certain dollar amount without formal legal representation.

Next Steps

If you are involved in a landlord-tenant dispute or have questions about your legal rights in Burlingame, follow these steps:

• Gather all relevant documents such as your lease agreement, correspondence, receipts, and photos of any disputed issues.
• Contact the landlord or tenant to try to resolve the matter informally, if possible.
• Reach out to local agencies or free mediation services for assistance with negotiations.
• Consult a qualified landlord-tenant attorney familiar with California and Burlingame-specific regulations for legal advice or representation, especially if going to court.
• File a formal complaint or small claims action if informal resolution does not work or legal violations are involved.

Every situation is unique, so acting promptly and seeking professional legal advice will give you the best chance of a positive outcome.